The Santa Clauses

A Selected Bibliography on the Jolly Old Elf and the Law

The Santa Clause
was not the first film to invoke the spirit of the law with regard to St. Nick. In
1947, John Payne, Maureen O'Hara and a very young Natalie Wood starred with Edmund Gwenn
in the wonderfulMiracle
on 34th Streetin which Gwenn plays Kris Kringle, a man who is convinced he is the
"real Santa Claus." The news gets out and he gets committed to Bellevue Hospital
right before Christmas. In a charming series of courtroom scenes, Payne as the intrepid
lawyer Fred Gayley gets him recognized as "the only Santa Claus", courtesy of
the U.S. Postal Service.(1)

Other legal issues Santa has been embroiled in include a tax audit(2), workplace safety (chimney descent)(3), pro bono legal services(4),
embezzlement(5), employment contracts(6), disorderly conduct,(7)
and impersonation by a lawyer(8). In California
Santa got a parking ticket dismissed(9) and a New
Jersey man went to court to get his name changed to Santa Claus.(10)

In reality, the U.S. Government never has recognized anybody as the "real Santa
Claus", although a New Jersey prosecutor has investigated the question(11). As for his constitutional position, it's,
well, up in the air. In Lynch v. Donnelly(12)
and later in County of Allegheny v. ACLU(13)
the Supreme Court carefully considered whether the image of Santa Claus is secular or
religious, when displayed on public land, and whether sponsored by public or private
agencies. The consensus seems to be that Santa without obvious religious symbols (that is,
without endorsement by a governmental body) accompanying him is a fair
representation of the holiday season. Meeting that standard, however, can prove difficult.